Baren v. State of Illinois, Division of Highways

Claimant, Barbara Baren, seeks damages for injuries sustained on July 17, 1967, when she fractured a bone in her left foot as she stepped into a depression in a street maintained by respondent. Claimant contends that respondent was negligent in maintaining the street in that it had constructive notice of the defect, but failed to take remedial action. Respondent contends that claimant has failed to establish either that the State of Illinois had constructive notice of the defect, or that she was free of contributory negligence.

On July 17, 1967, at approximately noon, claimant, a…